Janke Samateh on Monday walk home as a free woman following her discharged and acquitted her after the prosecution fail to establish the ‘actus reus’ of the offense under the charge but the property used as security to perfect the bond should be forfeited to the state.
Charged with aiding her brother’s escape from state custody and facilitated his escape to Holland and the disappearances of her brother after she posted a bond of D200, 000 dalasi to facilitate the release of Mr. Samateh Janke was arrested and remanded for more than six months.
The magistrate however in delivering his judgment said the prosecution did not lead any circumstantial evidence how the accused facilitated or aided the escape of Sillaba Samateh “the prosecution has failed woefully to make out a case against the accused person” he said.
He said the defense counsel L.S Camara has earlier submitted that Sillaba Samateh was not a prisoner as he was never charged or held for living committed any offence. He added that the unchallenged evidence of pw1 the only witness in trial is that the said Sillaba Samateh was in custody at the NIA until the accused presented herself and took him out of bail.
He added that the prosecution might have the strong believe that the accused indeed aided the escape Sillaba Samateh but there is nothing on record to confirm this.
Magistrate Nkea also noted that the the accused admitted having taken out the said Sillaba whom he described as her blood brother on bail but however denied having done anything whatever to facilitate the escape of his brother adding that they live in different houses and that she has never set eyes on him since she took him on bail.
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